Mass Law Blog
Intellectual property and business litigation, Massachusetts and nationallyWritten by humans
Lee Gesmer’s Mass Law Blog began in 2005, and contains almost 600 posts. The site initially focused on Massachusetts law, but today it follows business and intellectual property law nation-wide. The site is hosted by Gesmer Updegrove LLP, a law firm based in Boston, Massachusetts. The firm represents startup and established companies in the areas of litigation, transactions (including financings, mergers and acquisitions), IP rights, taxation, employment law, standards consortia, business counseling and open source development projects and foundations. You can find a summary of the firm’s services here. To learn how Gesmer Updegrove can help you, contact: Lee Gesmer
"No, You May Not Buy a Judge," Supreme Court Rules, and the Dissent’s "40 Questions"
“Turn it over, and turn it over, for all is therein.” The Babylonian Talmud, Tractate Aboth, Ch. V, Mishnah 22 (I. Epstein ed. 1935), quoted in Justice Scalia's dissent in Caperton v. A.T. Massey Coal Co. ----------------- In mid-March I wrote a post about the decision facing the Supreme Court in Caperton v. A.T. Massey Coal Co. The issue was whether a state court judge’s failure to recuse himself from a case in which he received substantial campaign donations from one of the parties violates...
Aiding and Abetting Prostitution? Wa?! I’m an Internet Executive – I Sure Hope My Mom Doesn’t Read That!
“We opened an investigation at 5:01 on Friday, as promised. . . . We are preparing for a prosecution. We are investigating. We are moving forward. . . . . The #1 defendant is Mr. Jim Buckmaster, who is the man in charge of Craigslist.. . . . Craigslist is a big promoter and facilitator of prostitution.” South Carolina Attorney General, on Sunday, according to the Craigslist Blog. Hmmm, this is the kind of thing that is protected by Section 230 of the Communications Decency Act, assuming that...
Antitrust, Followed by Anti-Anitrust Followed by ….
All of the news articles I'm seeing about how aggressive the newly appointed antitrust enforcers may be puts me in a mind to reminisce. When I graduated law school in 1979 I went off to what was then called Howrey & Simon, at that time the self-proclaimed antitrust heavyweight of D.C., and maybe the entire country. We certainly believed this to be true, and maybe it was. Back then there was no American Lawyer, and no one was really keeping score. At Howrey it was all antitrust all the...
File Under "Hell Hath No Fury" or, "If You’re Protected By CDA 230, Don’t Waive Your Protection"
Cicilia Barnes' choice in men was worthy of a Darwin Award. After she broke up with her boyfriend, he created fake personal ads for her on Yahoo and impersonated her on online forums. As the Ninth Circuit described it in Barnes v. Yahoo: Barnes did not authorize her now former boyfriend to post the profiles, which is hardly surprising considering their content. The profiles contained nude photographs of Barnes and her boyfriend, taken without her knowledge, and some kind of open solicitation,...
What Happens When California and Massachusetts Law on the Enforceability of Non-Compete Agreements Clash in Massachusetts Superior Court? Read on ….
David Donatelli was an EMC Executive VP. He left EMC, and went to work for Hewlett Packard in California. EMC filed suit to enforce Donatelli's one year non-compete agreement. Donatelli argued that the Massachusetts court should defer enforcement to California law, which is hostile to non-compete agreements. Judge Stephen Neel, in Suffolk Superior Court in Boston, didn't buy it. He held that California's legislative policy against non-compete agreements does not trump Massachusetts common law,...
Boston Bar Association CLE: Hot Issues in Internet Law, CDA Section 230
We had a great CLE at the BBA on Wednesday evening. The lucky folks who attended received three hours of (almost) nonstop legal info, and we barely scratched the surface of the topics. I spoke on CDA Section 230, which has seen a great deal of activity lately, and there are no signs it's slowing down. Below, via scribd.com, are the slides and paper that I prepared for the program. CDA Section 230 Article, BBA April 2009
This site is hosted by Gesmer Updegrove LLP, a technology law firm based in Boston, Massachusetts. You can find a summary of our services here. To learn how GU can help you, contact:
Lee Gesmer